- Elgar European Law series
Chapter 19: Maintenance and property
As seen in Chapters 17 and 18 above, the Brussels IIA Regulation deals with matrimonial proceedings and decrees (for divorce, separation or annulment of marriage), and with proceedings and orders relating to parental responsibility. But the Brussels IIA Regulation does not deal with maintenance obligations under family law, nor with other aspects of family law, such as matrimonial property. Maintenance obligations under family law are now governed by EC Regulation 4/2009, on Jurisdiction, Applicable Law, Recognition and Enforcement of Decisions and Co-operation in Matters relating to Maintenance Obligations, which may conveniently be referred to as the Maintenance Regulation. The Regulation became applicable on 18th June 2011 in the 27 then Member States, and displaced the Brussels I Regulation, which had previously applied to such obligations. It became applicable in Croatia on 1st July 2013. The Maintenance Regulation is applicable to proceedings and orders relating to maintenance obligations, regardless of whether the maintenance claim is dealt with ancillarily in matrimonial proceedings or proceedings concerning parental responsibility, or is the subject of a separate proceeding. In contrast, matrimonial property is not yet regulated by any European Union measure. But on 16th March 2011 the EU Commission presented a Proposal for a Regulation on Jurisdiction, Applicable Law, and the Recognition and Enforcement of Decisions, in Matters of Matrimonial Property Regimes. The Maintenance Regulation contains 76 Articles, arranged in IX Chapters, along with XI Annexes. Chapter I (Articles 1–2) deals with its scope and provides some definitions. Chapter II (Articles 3–14) deals with the direct jurisdiction of courts and equivalent authorities.
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